Carew v Jackman

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 15 December 1966
• Date: 15 December 1966

(H.C.)

Carew

and

Jackman

Purported letting of part of land without consent of Land Commission - Letting void by reason of statutory prohibition - Whether agreement on part of landlord for title and for quiet enjoyment could be implied - Effect of repeal of statutory prohibition - Whether consent of the Land Commission given pursuant to new legislation would validate letting - Landlord and Tenant Act (Ireland) 1860, ss. 1, 41 - Land Act, 1927, s. 4 (1)- Land Act, 1936, s. 44 (2) - Land Act, 1965, ss. 12, 47, First Schedule.

In proceedings in ejectment on the title the plaintiff sought to recover possession of a portion of freehold registered land which he had purported to let...